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stabilization clauses in mining

GAR Chapter: Stabilisation Provisions in Long-Term Mining .

A stabilisation clause of the equilibrium variety is meant to have dynamic operation: to absorb change, rather than prevent it. For the clause to work in a dynamic.

Stabilization Clauses and Human Rights - IFC

27 May 2009 . Part 8: The Potential Impact of Stabilization Clauses . . mining.12 Today, these clauses may be geared to protect investors from arbitrary or.


Stabilization clauses may extend to any law that affects the economic conditions of the contract. The scope of . Energy and Mines.”20. •. “Should the income of.

Contractual Assurances of Fiscal Stability, Presented by Philip .

17 Sep 2008 . Fiscal stability clauses are more common in mining and petroleum agreements negotiated by developing or transition countries than in those.

Stabilization Clause | Negotiations Portal

There are three broad categories of stabilization clauses: . The purpose of a stabilization clause is to offer investors – and their lenders – some assurance that . Concession Agreement · Investment Contract · Mining Development Agreement.

Stabilization and the impact of changing patterns of energy .

. long-term character of stabilisation clauses. . IMF on taxation in the petroleum and mining.

Stabilisation clauses – issues and trends - Lexology

30 Jun 2010 . Stabilisation clauses are contractual protections often incorporated into long term investment or concession contracts between international.

Stabilisation clauses and state aid - Lexology

30 May 2017 . As a result of this stabilization clause, NIS has continued to pay a mining fee equal to 3% of its oil extraction revenues even after 2011, when.

Impact of Stabilization Clause on Petroluem Agreements

In recent times host states include stabilization clauses to attract foreign investors. . TRANSCATION 2nd (eds) (Rocky Moutain Mineral Law Foundation 2000).

regulatory takings, stabilization clauses and . - OECD

27 Mar 2008 . host state regulation by limiting the scope of stabilization clauses through a ― . The Inequitable Mineral Development Agreement between the.

Stabilization in investment contracts: Rethinking the context .

7 Oct 2011 . Over the past two decades, stabilization provisions in investment . A 2009 report by the International Council on Mining and Metals and the.

Stabilisation Clauses in International Petroleum . - Deloitte

of stabilisation clauses to the foreign investors, the host . Arbitration of Petroleum Disputes : The Development of a Lex Petrolea, Rocky Mountain Mineral Law.

Stabilization Clauses in International Investment Law - TELC

See Wälde, Centre for Energy, Petroleum and Mineral Law and Policy, Professional Papers 13. (1994), 1 (5). 35. Shemberg, Stabilization Clauses and Human.

(PDF) Some Reflections on Stabilisation Techniques in .

25 Jan 2016 . PDF | The insertion of stabilisation clauses in international petroleum, gas and mineral agreements is currently a common feature.

Frank, Sotonye (2014) Stabilisation clauses and . - Core

Law No 20.469 on Modifications to the Tax on Mining Activity 2010. COLOMBIA. Law 223 on Tax Stability Agreements 1995. Law No 1450 on National.

Fiscal Stabilization in Oil and Gas Contracts - Oxford Institute .

1 Jan 2016 . Why do developing countries offer stabilization provisions? . Adequacy And Efficacy', Centre for Energy Petroleum Mineral Law and Policy,.

Stabilisation Clauses and the Zambian Windfall Tax

1 May 2011 . mining companies contained Stabilisation clauses which constitute a promise on the part of the host government not to amend its laws in a way.

Stabilization Clauses in Interna - World Trade Institute

Stabilization clauses are provisions in investment contracts that . dustry, infrastructure or public services' projects (e.g. mining, oil, electricity, water and sew-.

Stabilisation clauses and sustainable development in . Stabilisation Clauses Not Generally Available to All Investors ...... 73 . Case Study Two: Stabilisation Clauses in Tanzania's Mining Sector. .....

Stabilisation clauses

15 Nov 2013 . Examples of Stabilization Clauses . Stabilization Clauses are typically incorporated in the investment contract. . mining facilities in Jamaica.


Legitimate Expectations on the Basis of Stabilization Clauses . . PSAs Can Go Forward in Russia, 2 RUSSIAN/CIS ENERGY & MINING L.J. 49, 53 (2003).

Contractual protections available to international investors .

A traditional form of stabilisation clause is the 'freezing' clause, which freezes the provisions of the national law applying to the contract as at the date of the.

Mining arbitration in Africa | Global law firm | Norton Rose .

This is the reason why domestic mining codes typically include provisions that . proceedings for breach of the stabilization clause in the mining code or on the.

An international perspective on the Tanzanian . - AAMEG

Additionally, under the amended Mining Act, the Tanzanian Government . that mining companies that have stabilisation clauses in their agreements with the.

Anchoring Stabilizing Clauses in International . - SMU Scholar

Rationale for Stabilization Clauses in Production Sharing Agreements . Host nations richly endowed with mineral resources, on the other hand, tend to be.

Investments in the deep freeze? Stabilization clauses in .

9 Nov 2011 . A few years ago, stabilization clauses in investment contracts became the . This was the case for the Mittal Steel's Mineral Development.

Legal Issues Arising from a Review of Mining Development .

6 Feb 2019 . Any future stabilization clauses must not be for the life of the mine but have a time limit and be subject to periodic review based on the economic.

Evidence from Stabilization Clauses - TU Law Digital Commons

Stabilization clauses are provisions in individual investment contracts that . incorporated under the laws of England and Wales agreed to supply mining.

Evaluating Stabilization Clauses in Venezuela's Strategic .

1 Jan 2009 . 2009] STABILIZATION CLAUSES IN VENEZUELA 349 offshore . mineral resources in the host state.5 However, it would seem that.

Stabilization Clause | Practical Law

Item 1 - 501 . GlossaryStabilization ClauseRelated ContentA clause often included in a host government agreement (HGA) or other international investment.

Resolving disputes in Africa's mining sector | White & Case LLP

15 Mar 2019 . International arbitration can benefit the parties to a range of mining disputes . violations of stabilization clauses or withdrawals of tax exemptions. . Second, absent such a clause, the mining company may be able to rely on.

Stabilisation in Investment Contracts and Changes of Rules in .

5 Jul 2006 . 1970s the thrust of stabilisation clauses in petroleum contracts was to act as . International Energy and Minerals Arbitration Mineral Law Series.

Natural resource contracts as a tool for managing the mining .

stabilization provisions in the contracts.91 The study's contract matrix shows stabilization clauses take one of two forms. First, there are those that exempt the.

Evidence from Stabilization Clauses - University of Missouri .

29 Jun 2010 . Stabilization clauses are provisions in individual investment contracts . theory: for highly asset specific investments like mining and petroleum.

Principles for Responsible Contracts - OHCHR

4. “Stabilization clauses and human rights” (2009), available at . those for resource exploration or exploitation such as in oil, gas or mining; for.

Natural Resource Contracts - Environmental Law Alliance

accordance with the provisions of the Mining Code.” . “Stabilization” provisions in natural resource contracts . stabilization clauses are quite common. Sector-.

50 pieces of advice to an official who is engaged in the .

assists developing countries to use their mineral and energy . develop a mineral title licencing system. 14. 7 . stabilisation clauses in their mining contracts.

contract transparency in uganda's petroleum and mining sectors

Chamber of Mines and Petroleum of Uganda, the oil companies, mining companies, and civil . of state participation, legal safeguards, and stabilization clauses.


The Ghana National Coalition for Mining (NCOM) is grateful for the . the stabilization provisions under clause 4 of the DA, nor for the 10-year duration. Stability.

ATTACHMENT C Negotiation

12 Oct 2016 . contributions to be made by the Oil and Gas and Mining sectors, . “stabilization” provisions are common in natural resource contracts and are.

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